Divorcing with a Sizeable Estate When You’re Not Clear on the Financial Details

If you're facing a divorce and know there's a sizeable estate involved—but you don't have a clear understanding of the financial details—you’re not alone. It's common for one spouse to manage the finances while the other focuses on different responsibilities, but this lack of involvement doesn't mean you forfeit your financial rights.

Working closely with an experienced Round Rock property division attorney is critical to protecting your interests.

Understanding Your Position

If this is where you find yourself, you may assume that your spouse will be transparent about your marital finances and that you’ll receive your fair share of your marital estate. Or you may believe that, because you don’t have anything to do with your family’s finances, you’ll be left penniless – and your divorcing spouse may want you to believe this.

The truth is, you have important financial rights, and protecting them requires proactive steps. An attorney can help ensure you receive your fair share of the marital estate.

Why Legal Guidance Is Essential

When you’re unsure about the scope of your marital finances but know your lifestyle is comfortable or even lavish, there’s likely more at stake than you realize. You can't negotiate for a fair division of property if you don’t know what’s included in the estate. This is where the right legal team becomes invaluable.

Texas Law and Property Division

Texas is a community property state. This means assets acquired during the marriage by either spouse or jointly are presumed to belong to both parties. Exceptions include:

Inheritances bequeathed to one spouse alone
Any gifts that were given to either one of you in that spouse’s name alone
The pain and suffering portion of any personal injury claims that were initiated during your marriage

If an asset was acquired during the marriage, it is almost certainly marital property and subject to division.

What Is a Just and Right Division?

While some community property states divide all marital assets evenly as a matter of course, Texas takes a slightly different approach. In a Texas divorce, your marital assets will need to be split between the two of you in a manner that is deemed just and right. This means fairly, which often translates to equally, but doesn’t always.

To arrive at a just and right division of your marital property, the court will take a wide range of factors into consideration, and if the circumstances support doing so, the marital assets can be divided in either spouse’s favor. The kinds of concerns that are taken into consideration include all the following:

Duration of the marriage
Health and age of both spouses
Income and earning capacity
Contributions to the marriage (financial and non-financial)
Size of each spouse’s separate estate
Any fraud on the community estate
Marital misconduct or wrongdoing

Your attorney will assess these factors to determine what a fair division looks like in your case. Reach out to a trusted Round Rock attorney to begin safeguarding your financial future.

Separate Property and Commingling

Assets owned before the marriage or received as individual gifts or inheritances are considered separate. However, Texas law presumes all assets are marital, so the burden of proving otherwise falls on the spouse claiming the asset is separate. Documentation and clear financial records are essential.

When separate and marital assets become commingled, the line can blur. For example, if a retirement account grew in value during the marriage, the appreciation may be treated as marital property.

Complex Property Division Issues

Dividing property becomes more complicated with:

High assets
Diverse holdings
Joint holdings
Business ownership
Executive benefits packages, especially when deferred compensation is involved
Lack of financial transparency, such as when one spouse has far more involvement with the family’s finances than the other

In these cases, having a strategic and experienced attorney is especially important. If your spouse controls most of the financial information, your legal team will help level the playing field.

Financial Disclosures in Texas Divorce

Within 30 days of the divorce response, both parties must exchange specific financial documentation—even without a formal discovery request. Required disclosures include:

Deeds, leases, and liens
Retirement and pension plan statements
All insurance policies, including health, life, liability, and casualty
Bank and investment account statements
Tax forms (W-2, 1099, etc.)

For complex estates, these disclosures can be more in-depth. Your attorney will ensure full and accurate documentation is exchanged.

Watch Out for Hidden Assets

When substantial assets are involved, some spouses may attempt to undervalue or hide property. Assigning an inappropriately low value to an asset is one such tactic. Don’t let your lack of financial involvement be used against you—take action.

How Forensic Accounting Helps

If there are signs your spouse is concealing financial details, your attorney may bring in a forensic accountant. This professional can:

Identify hidden assets or income
Determine the true value of marital property
Perform detailed asset tracing and valuation

Only with a clear picture of your marital estate can you pursue a just and right division.

Conducting Expert Valuations

Once all marital assets have been identified, the next crucial step is assigning them a value. This can be one of the most complex parts of the property division process. Valuing large or intricate assets requires care and expertise. It’s not uncommon for each spouse to hire their own valuation expert and receive significantly different appraisals.

To strengthen your position, it's essential to obtain thorough, objective, and defensible valuations. Partnering with a skilled property division attorney from the outset helps ensure that valuations are handled professionally and strategically.

Take Control of Your Financial Future

Even if you weren’t involved in managing your family’s finances, you have a right to your fair share. With the help of a skilled Round Rock attorney and possibly a forensic accountant, you can uncover the full scope of your estate and advocate for what you deserve.

Speak with a Round Rock Property Division Lawyer Today

Attorney Brett Pritchard at the Law Office of Brett H. Pritchard is well-prepared to help you navigate the complexities of dividing a sizeable estate. With extensive experience in Texas divorce law, he will protect your rights every step of the way.